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The Howard Journal Vol 52 No 3. July 2013 DOI:Keywords: Brazil; prison life; inmate participation;
10.1111/hojo.12010 gangs

ISSN 0265-5527, pp. 272–284 In the past few years I have visited six Brazilian
prisons in São Paulo, Rio de Janeiro and Minas
Inmate Governance in Brazilian Gerais. According to the most recent official prison
Prisons statistics, for June 2011 (Brazil, Ministério de Justiça
2012), these three states account for 22% (271) of
SACHADARKE the country’s prisons and 49% (252,748) of its
prisoners. Across Brazil’s 27 states, 513,602 people
Senior Lecturer, University of Westminster are detained in 1,237 prisons. Of these, 49,362 are
detained in police custody,1 often irregularly in police
Abstract: Prisons in São Paulo and Rio de Janeiro are stations or carceragems (lock-ups; units of holding
run not so much by prison guards as by inmates. In cells) rather than pre-trial jails, sometimes after
circumstances of severe overcrowding and acute conviction or even beyond the end of their sentence.
staff shortage, prisoners are recruited or organise There are 464,240 prisoners detained in state
themselves, not only to perform clerical and penitentiaries, of whom 295,165 are sentenced and
janitorial work, but also to provide for welfare, 169,075 are on remand, again often illegally. 2 Sixty-
discipline and security. Such inmate governance is as eight per cent (200,645) of sentenced prisoners are
much a defining feature of Brazilian prison life as are held in closed units, 24% (72,214) in semi-open
inhumane living conditions. In recent years the roles units and 6% (17,853) in open units. The remaining
played by inmates in managing the day-to-day 4,453 sentenced prisoners are detained in secure
running of Brazilian prisons have been largely psychiatric hospitals. Seven per cent (36,596) of
subsumed by prison gangs. However, staff-inmate Brazilian prisoners are women.
relations remain characterised less by conflict and
power as by accommodation and reciprocity. My first prison visit, in April 2005, was to the
infamous, but recently deactivated, Casa de
The Howard Journal Vol 52 No 3. July 2013 ISSN 0265-5527, pp. 272–284
Detenção de São Paulo (better known as Carandiru), l, employed just 15 officers to guard 2,000 prisoners
the largest prison in Latin America, which, in the (Miraglia and Salla 2008).
1990s, held 7,000 inmates (Varella 1999), over one
in ten of the state’s 59,000 sentenced prisoners, In March 2010, I had the opportunity to visit three
double its official capacity of 3,250 (Salla 2007). The more prisons: in Minas Gerais, APAC de Nova Lima,
main cell blocks each held 1,500 prisoners, but were one of over 120 non-governmental organisation
guarded by just ten to twelve officers during the day (NGO) administered community prisons or prison
and six to seven at night (Varella 1999). 3 Three years units in Brazil, which was holding 85 prisoners across
later I conducted extended visits to two active closed, semi-open and open units; and in Rio de
prisons, also in the state of São Paulo: Centro de Janeiro, Penitenciária Alfredo Trajan (Bangu ll), a
Detenção Provisória da Capital – Chácara Belém ll, a closed prison with a current population of
complex containing a remand unit with an official approximately 700, and a police lock-up (which I will
capacity of 768, but most recently recorded as refer to as Polinter) holding 603 prisoners. The NGO
holding 1,657 inmates, and a semiopen unit for prisons of Minas Gerais are considered the most
sentenced prisoners, with an official capacity of 108, humane in the country (Brazil, Chamber of Deputies
but currently holding 187;4 and Penitenciária 2008), but at Nova Lima, inmates are still kept four
Feminina Sant’Ana, one of Brazil’s oldest penal per 12m2 cell. As with the majority of prisons in Rio
establishments and now the largest women’s prison de Janeiro’s penitentiary system, the population of
in Latin America, with a current recorded population Bangu II rarely rises above 110% capacity.
of 2,609 remand and sentenced prisoners, under Nonetheless, similar to Sant’Ana, a minimum of two
10% over its official capacity of 2,400, yet holding its prisoners are held per single-occupancy cell. In an
prisoners two per cell originally designed for single effort to control overcrowding in its state
occupancy. I met just three guards besides the penitentiaries, the state ministry for prisons requires
director and head of security in the three hours that I inmates to remain in police custody until spaces
spent at Belém ll. In 2006, its sister complex, Belém become available.5 According to the June 2011
figures, currently 1,980 prisoners are detained by the
2
© 2013 The Author
The Howard Journal of Criminal Justice © 2013 The Howard League and John Wiley & Sons Ltd
The Howard Journal Vol 52 No 3. July 2013
ISSN 0265-5527, pp. 272–284
police in Rio de Janeiro. The negative effects of this exploring the roles played by prisoners in running the
policy were apparent at Polinter, where all but around lock-up, and the reciprocal nature of officer-inmate
70 of its prisoners were held across eleven relations. With its focus on lived experience and
dormitories ranging 18–36m2 in size. On the day I mutual survival, the research was conducted from a
visited, the temperature was close to 50°C. 6 A cultural anthropological perspective. Over a three-
number of prisoners had been there since April 2010, week period I spent 8–10 hours a day at the lock-up,
when occupancy levels in the larger dormitories observing, informally interacting and on occasion
exceeded 100. During this period it had only been participating in staff and prisoner activities. During
possible to sleep sitting up, leaning against one the second and third weeks of the study, I held 20
another. As for staffing levels, at Bangu II a prison semi-structured interviews with key informants.
guard informed me that there were usually no more
than eight officers on duty. On the second day of a Prison Overcrowding and Staff Shortage
hunger strike at Bangu lll, a nearby maximum-
security prison holding 780 prisoners identified as Academic and governmental accounts of prison
high-risk gang leaders, ten guards were reportedly conditions in Brazil invariably focus on overcrowding
on duty (Caldeira 2003). At Polinter, four police and staff shortage (for example, Amnesty
officers were on duty during the day and two, International 1999; Brazil, Chamber of Deputies
occasionally one, during the night. There was no 2008; Human Rights Watch 1998; International Bar
state presence at Nova Lima, though it employed a Association 2010; Salla et al. 2009; United Nations
plantonista (caretaker) to work at the front gate. Committee Against Torture 2009; Wacquant 2008).
According to the official figures for June 2011, there
In September 2010, I returned to Polinter to is a shortfall of 208,900 spaces, leaving the Brazilian
conduct an appreciative study of the everyday prison system operating at 159% capacity. In 2006,
realities of living and working in an overcrowded, just 61,000 people were employed in the penitentiary
understaffed prison. I was particularly interested in system, 75% as guards (Salla et al. 2009).
3
© 2013 The Author The Howard Journal of Criminal Justice © 2013 The Howard League and John
Wiley & Sons Ltd
The Howard Journal Vol 52 No 3. July 2013 ISSN 0265-5527, pp. 272–284
Overcrowding particularly affects those detained in just 32. Similarly, Lemgruber (2005) describes
police custody, for which 12,712 spaces are recorded visiting a lock-up in Rio de Janeiro where 65 inmates
(the Ministry of Justice does not collate figures on were being held in a dormitory measuring 12m 2.
staffing levels in police lock-ups). Further, as I United Nations Committee Against Torture (2009)
discovered in my initial prison visits, official capacity visited another lock-up in Rio de Janeiro that held 90
rates and staffing levels are poor reflections of the inmates per 30m2 dormitory, yet was officially
reality on the ground. Capacity rates are rarely operating at no more than 200% capacity. As for
calculated on the basis of one person per cell. staffing levels, although the recorded prisoner:officer
Brazilian law stipulates that prisoners must be held in ratio for June 2011 is not exceptionally high (for
single cells measuring 6m2, but with the exception of example, 7.5:1 in São Paulo; 6.5:1 in Rio de Janeiro;
prisoners held in solitary confinement in 3.5:1 in Minas Gerais), in most states, guards work
maximumsecurity units at state level, or in one of 24 hours on, 72 hours off, are often withdrawn to
five federal supermax prisons, single occupancy is perform clerical duties or to escort prisoners to court,
unheard of (Human Rights Watch 1998). Moreover, and are regularly absent altogether on sick leave
most Brazilian prisoners live in multi-occupancy (Human Rights Watch (1998); cf. de Mattos (2010),
dormitories, often in spaces of under a square metre who conducted a survey of 100 prison officers in
per prisoner. Brazil, Chamber of Deputies (2008) Minas Gerais, a third of whom stated that they had
gives examples of such extremities of cell occupancy taken extended periods of time off work for health
across the Brazilian penal system, including a prison reasons). Again, police lock-ups appear to be
in the state of Bahia with an official capacity of 1,200 disproportionately affected. Human Rights Watch
but holding 1,776 inmates, six per 6m 2 cell. (1998) visited a lock-up in Rio Grande do Norte
Overcrowding in police lock-ups is more alarming where it found three officers responsible for 646
still. Human Rights Watch (1998) cites a newspaper prisoners; on the day United Nations Committee
report of a lock-up in São Paulo where two prisoners Against Torture (2009) visited the lock-up in Rio de
were held per metre. Remarkably, the lock-up was Janeiro, 1,405 prisoners were being guarded by six
holding 180 prisoners, yet had an official capacity of officers. However, the problem is clearly endemic to
4
© 2013 The Author
The Howard Journal of Criminal Justice © 2013 The Howard League and John Wiley & Sons Ltd
The Howard Journal Vol 52 No 3. July 2013
ISSN 0265-5527, pp. 272–284
the prison system as a whole. The most extreme participation, in São Paulo, Rio de Janeiro and Minas
example of staff shortage of which I am aware is a Gerais at least, Brazilian prisons continue to operate
penitentiary in Recife, Pernambuco, with a population with a semblance of normality.
of 4,200 prisoners, at which Brazil, Chamber of
Deputies (2008) found five officers on duty. Inmate Trusties and Prisoner Representatives

Overcrowding and staff shortage are rightly In the background to the depth of inmate
condemned in governmental and human rights participation in Brazilian prisons is the wider issue of
literature on prison conditions in Brazil alongside, for collective prisoner activity. This relates, in part, to
instance, inadequate legal services (International Bar the wide use of multi-occupancy accommodation and
Association 2010), sanitation and health care limited use of lock-up, both of which encourage self-
(Human Rights Watch 1998). However, ostensible governance, and, in part, to the volume of official
human rights only tell half the story of what it is like and unofficial prison work, in this case encouraging
to be a Brazilian prisoner. Of equal importance, but prisoners to co-operate with prison staff. In the
explored in less depth in the literature on prison prisons I have visited, inmates were allowed out of
conditions, is the means by which prisoners and staff their cells at 7 am or 8 am. The earliest they were
adapt to material deprivations. Key to the day-to-day locked-up again was 4 pm (Bangu ll), and the latest
struggle for survival in the impoverished Brazilian 11 pm (Nova Lima). Cells typically open onto pátios
prison system is inmate involvement in the day-to- (courtyards or halls), where prisoners are able to
day running of the regimes in which they are exercise, and receive their families for up to four
incarcerated. From my first-hand experiences, hours on dias de visita (visiting days), usually held
conversations with Brazilian academics and prison twice a week. A number of the pátios at Carandiru
reform groups, and reading Brazilian anthropological were large enough for prisoners to play football. The
literature and prison biographies, I have formed the prison received 2–3,000 visitors each weekend
view that largely as a result of such inmate (Varella 1999), rising to up to 30,000 at Christmas
5
© 2013 The Author The Howard Journal of Criminal Justice © 2013 The Howard League and John
Wiley & Sons Ltd
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time (Human Rights Watch 1998). At Polinter, June 2011 prison statistics, 15,665 prisoners
prisoners were confined to their dormitories from 6 currently work as apoios in the penitentiary system
pm, but held meetings and prayers as late as of São Paulo (9% of prisoners), but only 270 in Rio
midnight. Throughout the daytime and evening the de Janeiro (1% of prisoners). Importantly, official
dormitories were filled with a constant murmur of figures do not cover all prison work, especially on the
conversation. As for prison work, formal employment wings, where prisoners often organise themselves to
is provided to one in four Brazilian prisoners, most of make up for shortages of provision by prison
whom are contracted by state or private companies authorities. Nor do they cover every prison wing,
to work in prison workshops or (in the case of open many of which are effectively controlled by prisoners.
prisons) on the outside. Of particular importance for This is particularly the case on the gang wings of Rio
current purposes, in the states with the lowest de Janeiro, where prisoners are banned from
staffing levels thousands of prisoners are also engaging with prison authorities. At Polinter, around
employed as prison apoios (support staff).7 At 25 prisoners were formally employed in clerical or
Carandiru, 1,000 prisoners worked for private janitorial work as colaboradores (collaborators)
contractors (Varella 1999), and 1,700 for the prison outside the wings, but a similar number worked
administration (Veja, 26 August 1998), as clerks, informally in cleaning and meal-distribution teams on
cleaners or porters, or to provide services for officers the wings, on behalf of the coletivo (collective;
such as cooking, hairdressing, nursing and dentistry. prisoner community) rather than the police. Further,
Eight hundred of these latter trustie inmates were all prisoners participated in rotas for cleaning cells.
housed separately in pavilhão ll (block ll), the
pavilhão do trabalho (work block) or pavilhão da Under conditions of chronic staff shortage it is,
banha (well-fed block), as it was nicknamed by other perhaps, inevitable that responsibility for much of
inmates (Ramalho 1979). Each carried a pass what goes on in Brazilian prisons passes to inmates.
allowing him free movement across the prison In many prisons, inmates are involved not only in
(Varella 1999). The remaining 700 worked in the maintaining, but managing, prisons and prisoners.
blocks in which they were detained. According to the Though colloquially referred to as faxinas (derived
6
© 2013 The Author
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The Howard Journal Vol 52 No 3. July 2013
ISSN 0265-5527, pp. 272–284
from the word faxineiras – cleaners), as already further eleven prisoners were informally recognised
indicated, inmates who participate in running by the police as being responsible for running the
Brazilian prisons are involved in administrative as wings. These prisoner representantes
well as in domestic work. More controversially, it is (representatives), as they were referred to, had
not unusual for prisoners to perform duties usually numerous welfare-orientated duties, including finding
associated with guards. Again, this occurs both on beds for new prisoners8 and ensuring that cell-mates
and off the wings, and among prisoners working shared food, medicines and toiletries brought in by
informally as well as those officially working as families, contributed to the caixinha (collection box)
trusties. Brazil, Chamber of Deputies (2008) following visits, and left behind everything but the
describes two prisons (in São Paulo and Pernambuco) clothes they were wearing when they were released
where inmates are entrusted to work as turnkeys, or transferred. Money was used to buy collective
locking and unlocking cells and manning entrances to goods such as fans, televisions, cooking equipment
the wings. Such practices are systematic in the NGO and cleaning products, to provide packs of toiletries
administered prisons of São Paulo and Belo Horizonte to new prisoners, and to pay bus fares on release. As
(de Menezes and de Oliveira 2010; Macaulay 2005), in other prisons and lock-ups in Rio de Janeiro
and the police lock-ups of Rio de Janeiro (Figueira (Barbosa 2007), São Paulo (King 2008; Marques
2010). At Nova Lima, prisoners are also in charge of 2010), Minas Gerais (Vilela et al. 2008), Espirito
the front gate during the day. In addition to the 25 Santo (Junior, de Souza and de Albuquerque 2007),
prisoners who worked as clerks or janitors at Santa Catarina (Oldoni 2001), Bahia (Cabral and
Polinter, 20–25 worked as turnkeys. The duties of Azevedo 2008) and other states across Brazil (Brazil,
these trustie, collaborating inmates included Chamber of Deputies 2008; Human Rights Watch
handcuffing and escorting other prisoners to and 1998; International Bar Association 2010), they were
from the wings, strip-searching, checking food also informally responsible for enforcing codes of
parcels brought in by visitors and cells at the end of conduct. In an extensive study of prisoner
the day, and patrolling the grounds at night. A organisation at Carandiru, Ramalho (1979) identified
7
© 2013 The Author The Howard Journal of Criminal Justice © 2013 The Howard League and John
Wiley & Sons Ltd
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five categories of inmate code: in-cell behaviour (for codes have established histories, and apply equally to
instance, not touching others’ possessions, and all prisoners. Prisoner representatives are more likely
remaining quiet in the evening and silent at night), to be selected for length of prison career than for
commerce (most important, to pay/collect debts), extent of gang affiliation, and owe their position to
solidarity (in particular towards those working as the confidence of the coletivo as much as to other
trusties, upon whom everyone depended for the prisoner representatives. Moreover, while prisoner
circulation of goods, and through whose engagement representatives brief new arrivals on what is
with staff it was possible to gain benefits such as expected of them, alleged breaches of code are
access to lawyers), morality (how to conduct sexual usually settled among ordinary prisoners. For more
relations), and dealings with guards (fundamentally, serious disputes, prisoner representatives may be
not to inform on another inmate unless their required to convene more formal debates, but again,
activities were causing trouble for other prisoners, play only a limited role in how they are judged and
such as increased cell inspections). A series of more settled.
recent postgraduate studies in anthropology and
social science departments in universities in São Finally, it is not only the fact that prisoners play an
Paulo (especially Karina Biondi and Adalton Marques) active part in running Brazilian prisons that is
and Rio de Janeiro (Antônio Barbosa and Anderson important, but also that inmate collaboration and
Castro e Silva) have highlighted the continuing self-governance is accepted, even relied upon by
existence of inmate codes covering a diverse range of officers and prisoners alike. At Polinter, the director
activities from the use of bathrooms to the treatment and the head inmate trustie consulted with prisoner
of visitors, use of drugs, and violence. However, representatives over important decisions, for
while enforced by prisoner representatives, such example visiting hours and transfers of troublesome
norms of inmate conduct are better understood as inmates. In interview, the director of the lock-up
emerging from the realities of everyday prison life emphasised that discipline on the wings was not his
than from inmate hierarchies. Here a number of responsibility. Unless someone was seriously injured
additional points need to be emphasised. First, most or prisoner representatives were unable to control a
8
© 2013 The Author
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The Howard Journal Vol 52 No 3. July 2013
ISSN 0265-5527, pp. 272–284
particular inmate, he had no need to interfere. The Factionalising of the Faxina
Equally, particularly but not exclusively in better
administered prisons like Polinter, where the director We have seen that in Brazil, inmates participate in all
insisted that his workers regarded themselves as areas of prison life, and that in many prisons inmates
officials rather than guards, staff and trusties, work alongside, or in place of, prison guards. We
including trustie guards, are able to get on with their have seen further that these arrangements are
work without obstruction, even where it involves the premised more in accommodation than conflict
use of violence as a tool of discipline (Castro e Silva between and among inmates and staff. This inmate
2008). At Polinter, trusties were treated as staff as governance is as much a defining feature of Brazilian
well as prisoners. Doing your time at the lock-up prison life as is inhumane living conditions. More
included accommodating those who worked there, specifically, as Varella (1999) stresses, it is not
without whom prison routines and prison possible to comprehend the everyday running of
management would not operate smoothly. As at Brazilian prisons without understanding the role
Carandiru, trusties were sometimes derogatorily played by the faxina.9 In recent years, the
referred to as informers (caguetagem at Carandiru; significance of the faxina has increased further with
X9 at Polinter), but as much in irony as antipathy or the emergence of self-proclaimed criminal facções
resentment. In interview upon interview I was given (factions), comandos (commands) or partidos
the same explanation for the positive atmosphere at (political parties), foremost the Comando Vermelho
the lock-up: that it was in everyone’s interest to (Red Command – CV) in Rio de Janeiro and the
value one another, as people making the best of a Primeiro Comando do Capital (First Command of the
shared, brutal, experience. Capital – PCC) in São Paulo. There is a wealth of
anthropological literature on the role such gangs play
in governing the favelas of Rio de Janeiro and São
Paulo, many of which have little or no police
presence. Less explored is that all the major gangs in
9
© 2013 The Author The Howard Journal of Criminal Justice © 2013 The Howard League and John
Wiley & Sons Ltd
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Brazil started out and continue to be foremost rival splinter groups such as the Terceiro Comando
prisoner organisations. The CV was formed in the (Third Command) and the Amigos dos Amigos
1970s among common bank robbers initially held (Fiends of Friends) – lost much of its initial ‘Robin
alongside middle-class political prisoners at the (since Hood mystique’ (Perlman 2009, p.63) as it moved
closed) penal colony, Cândido Mendez, Isla Grande. into favelas, and, in time, began to de-democratise
One of its founding members, William da Silva Lima neighbourhood associations, kill or exile community
(Lima 1991) describes how, likewise arrested under leaders,10 and get involved in regulating other areas
emergency national security laws passed by the of organised crime, chiefly drugs (cf. Castro e Silva
military dictatorship, but rejected by the ‘elitist’ and Nougier 2010; Leeds 1996; Penglase 2009). In
(p.48) revolutionaries, who demanded to be Rio de Janeiro’s prisons, on the other hand, criminal
accommodated separately, these inmates soon found gangs have retained a relatively less-contentious
themselves locked up 231/2 hours a day, 4–5 to a cell, presence, where they continue to play a significant
and subjected to beatings from guards. Through a role in mediating disputes and circumventing banal
combination of negotiation, legal action and hunger violence (Barbosa 2007), as well as providing goods
strikes, the CV eventually succeeded in ending the and services to inmates and their families (Barbosa
systematic use of violence and cellular confinement 2006). As most other penal establishments in the
at the prison; through uniting existing inmate state, in effect Polinter was acting as two prisons,
falanges (phalanxes; created by prison authorities imposing strict separation between gang members
through grouping prisoners according to area of the and non-gang members (all of whom were
city they lived – a practice that continues today), it designated security prisoners). There were no
also managed to radically reduce violence between discernible differences in the nature of prisoner
inmates. As the gang spread to prisons on the organisation on the two wings, either in terms of
mainland, it broadened its demands to basic welfare inmate codes or hierarchy: as previously noted,
needs such as access to blankets, toiletries, medical representatives were chosen among cell-mates,
care and legal representation, with varying degrees among those with most experience of prison, and
of success. In the long term, however, the CV – and inmates who did not settle down were transferred to
10
© 2013 The Author
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The Howard Journal Vol 52 No 3. July 2013
ISSN 0265-5527, pp. 272–284
pre-trial units in the official prison system. What prisoners in 1999 to one per 3,000 in 2006. The rise
differed was the overt nature of staff-inmate of the PCC is also the most plausible explanation for
relations, which were more sober on the gang wing, a parallel fall in homicide in the city (Feltran 2010;
where inmates were more likely to be handcuffed or Willis 2009), from 12,818 recorded cases in 1999 to
to hold their hands behind their backs outside the 4,189 in 2011, less than ten homicides per 100,000
wing, less involved in banter with trusties, and more population (Veja, 27 January 2012), the rate used by
likely to be consulted by the director or the co- the World Health Authority to indicate an epidemic of
ordinator of police lock-ups in the state, who visited violence. In 2006, the PCC took the radical step of
every few days. requiring scores to be settled through debates
outside, as well as inside, prison (Paes Manso 2009).
The PCC has achieved even greater levels of
prisoner organisation in São Paulo. Formed at the Conclusion: Forced Reciprocity
maximum-security prison, Centro de Rehabilitação
Penitenciária de Taubaté, in the aftermath of the The end result of low guard numbers and lax
Carandiru massacre, it has subsumed the role of the surveillance is a power vacuum. Unsupervised and
faxina and ‘factionalised’ (Biondi and Marques 2010, undisciplined, prisoners in Brazil are left to govern
p.40) or ‘colonised the rules of conviviality’ (Marques themselves. With the meagre guard presence in
2010, p.318) at all but a handful of prisons. As with many prisons, there is very little to prevent tougher,
the CV in Rio de Janeiro, the emergence of the PCC stronger, richer and more well-connected inmates
has resulted in increased levels of mutual support from threatening, intimidating and sometimes
among inmates, and a significant decline in violence, violently abusing their more vulnerable fellows.
the latter of which is largely attributed to inmates (Human Rights Watch 1998, p.105)
being prohibited from using crack cocaine or carrying
weapons. According to official statistics, deaths We try to do everything to avoid confusion . . . to
through inmate violence fell from one per 500 maintain calm for everyone . . . There needs to be
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Wiley & Sons Ltd
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one person in charge . . . one person to talk for premised in a lack of knowledge of the depth of
everyone, for everyone to obey. (fieldwork interview, inmate participation in prison regimes and prison
head prisoner representative, security wing, Polinter, management, and only partial understanding of the
14 September 2010) nature of inmate/inmate-staff relations that have
arisen vis-à-vis staff shortage.
We try to give them everything they need within
reason . . . In exchange they keep quiet, they do In this article I have sought to demonstrate that
their time . . . they give me discipline. (fieldwork we have as much to learn from prison ethnographies
interview, director, Polinter, 17 September 2010) and biographies as from literature on prison
conditions. Central to the accounts of many that have
I’m not obliged to do anything, am I brother? been incarcerated, worked or researched in Brazilian
(common prisoner, quoted in Paes Manso 2009, prisons, and to the findings of my own research at
p.227) Polinter, is the extent to which inmates’ lives are
shaped by the mundane realities of cohabitation,
The shortcomings of the literature on Brazilian prison employment and everyday survival as opposed to
conditions is exemplified by Human Rights Watch material deprivation, domination and abuse of power.
(1998). Not only did the report make just brief During the three weeks that I spent at the lock-up it
mention of prisoner involvement in janitorial work, became increasingly apparent that conflict was not in
but it made no reference to the existence of inmate- anyone’s interest. Conflict between prisoners and
guards, nor to self-governance on the wings outside officers could only result in increased lockdown,
the context of gang domination and prisoner-on- crackdowns, and reduced privileges for prisoners,
prisoner abuse. The prevailing Hobbesian image of and more difficult working conditions for officers.
Brazilian prisons as places of abandon, conflict and Conflict among prisoners could also bring reprisals
extraordinary pain and violence, I would suggest, is from officers, as well as damage to the authority
reductionist and dystopian, over-reliant on anecdotal exercised by prisoner representatives, which depends
reports of individual incidences of violence, and upon them demonstrating respect and humility
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(Marques 2010) and working in symphony with the Similar to analysis of community-gang relations in
needs of common prisoners (Barbosa 2007): an favelas, I, therefore, propose that Brazilian prisons
arrangement in which inmate codes ultimately set should be foremost understood as structured places,
the day-to-day rhythm and prisoners do not feel governed by inmates as much as by state officials,
obliged to do anything that is not an established but in the interests of prisoners as a whole rather
norm (Biondi 2007). This is not to romanticise inmate than in the interests of prisoner elites. Further,
governance, nor to promote prison gangs; ideally, violence should be regarded the exception rather
the security and welfare of prisoners ought to be than the norm of Brazilian prison life, a state of
guaranteed by the state. But neither should inmate affairs that is brought about when relations between,
governance be regarded as inexorably organised or and among, prisoners and staff break down. More
hierarchal, and essentially a threat to the ordinary specifically, inmate governance in Brazilian prisons
prisoner. Contrary to its popular image, even a gang should be recognised as a system of forced
as renowned as the CV is best considered a ‘co- reciprocity between people living and working
operative’ (Lima 1991, p.79) or ‘conjunct of alliances’ together in poorly-resourced institutions, in
(Barbosa 2006, p.126) that rather than dictate, circumstances of acute material deprivation in which
provides a forum for dialogue between drug relations between, and among, prisoners and staff
traffickers and community organisations on the are likely to become characterised by mutual give
outside and inmates and staff on the inside. The and take.
historical figure of the faxina, not the gang leader,
continues to be key to understanding how Brazilian Notes
prisons operate in the absence of guards, and the
power of the faxina continues to be tied to its ability 1 The numbers held in police custody are
to provide for the coletivo and uphold its codes. underestimated in official prison statistics. The
figures provided for June 2011, for instance, do
not include data from four states. Nor do official
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Wiley & Sons Ltd
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statistics include many prisoners held in irregular 4 In the remand prison, inmates were being held up
detention (International Bar Association 2010). to 30 per twelve-bunk dormitory. On the day that
See note 2. I visited, the dormitories were even more
overcrowded than usual, as one of the wings had
2 Thousands of Brazilian prisoners are held illegally. temporarily closed following the discovery of a
The International Bar Association (2010) tunnel. Official prison statistics for the state of
describes a recent federal government initiative São Paulo can be found at http://
that led to the release of 16,466 prisoners held in www.sap.sp.gov.br (accessed 28 December
pre-trial custody, one in five cases examined. The 2012). The figures cited in this article were
initiative has since moved onto the wider prison recorded on 31 January 2012.
system. In total, 276,000 cases had been
analysed by June 2011, 11% of which had led to 5 This is a practice that exists in several other
prisoners being released (Estado de São Paulo, 20 states, including São Paulo and Minas Gerais
June 2011). Judges have also been criticised for (Human Rights Watch 1998).
excessive use of remand in custody. Lemgruber
and Fernandez (2011), for example, found that 6 I visited Polinter in late summer, when it was
only a third of pre-trial prisoners in Rio de Janeiro 30oC outside. One month earlier, journalists had
eventually receive custodial sentences. recorded a temperature of 56.7 oC, 20 degrees
higher than outside (O Globo, 11 February 2010).
3 The prison made headline news in 1992 when
military police used lethal force in response to a 7 Working prisoners gain one day of remission in
fight between two groups of inmate leaders in sentence for every three days worked. They are
one of its nine blocks. The official death count also entitled to 75% of the minimum salary
was 111. The majority were killed in their cells on (currently R$622, approximately £230, per
the (inmate leader-occupied) first floor by the month). However, this is another legal
notoriously violent special policing unit, ROTA.
14
© 2013 The Author
The Howard Journal of Criminal Justice © 2013 The Howard League and John Wiley & Sons Ltd
The Howard Journal Vol 52 No 3. July 2013
ISSN 0265-5527, pp. 272–284
entitlement that prisoners are usually denied December 2008 and December 2010 (Veja, 26
(Brazil, Chamber of Deputies 2008). January 2011), including inhabitants of the
Cidade de Deus [City of God] favela, whose
8 At Carandiru, those who had the means to pay history of drug-related violence and conflict with
were allocated comparatively spacious cells on authorities was depicted in the internationally-
the middle floors. Those who could not pay were acclaimed film of the same name (Meirelle 2002).
moved into single cells on the upper floors, which Most recently, police took control of Rocinha, an
they would share with 5–10 others. area of 100,000 inhabitants that had been under
gang control for 30 years (Veja Rio, 23 November
9 The word faxina is used as a general noun. In 2011). More controversially, since December
Brazilian prisons it may be used both to signify 2006, militia groups made up largely of police
the act of cleaning, a group of cleaners, and a moonlighting, have ‘invaded’ four in ten of the
group of inmates responsible for maintaining a city’s approximately 900 favelas (Folha de São
wing. Paulo, 19 July 2011). These have proven just as
violent, corrupt and extortionate as the factions
10 Note, however, that in the past few years the (BBC Radio 4, 17 December 2009; Human Rights
facções, including the CV, have lost considerable Watch 2009).
influence in favelas, as internal crack cocaine
markets have declined (Misse 2007), and as the References
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